IB 

Union Calendar No. 257 

116TH CONGRESS 

1ST SESSION H. R. 3115 

[Report No. 116–316] 

To direct the Administrator of the National Oceanic and Atmospheric Administration to make grants to State and local governments and nongovernmental organizations for purposes of carrying out climate-resilient living 

shoreline projects that protect coastal communities by supporting ecosystem functions and habitats with the use of natural materials and 

systems, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2019 

Mr. PALLONE (for himself, Mrs. WATSON COLEMAN, Mr. LOWENTHAL, Ms. 

BONAMICI, Mr. CARTWRIGHT, Ms. WASSERMAN SCHULTZ, Mr. SOTO, 

Mrs. DEMINGS, Mr. KHANNA, Ms. BLUNT ROCHESTER, Ms. LEE of California, and Mrs. DAVIS of California) introduced the following bill; which 

was referred to the Committee on Natural Resources 

NOVEMBER 26, 2019 

Additional sponsors: Mr. SMITH of New Jersey, Ms. NORTON, Mr. PASCRELL, 

Mr. PAPPAS, Mr. BYRNE, Ms. VELA ́ZQUEZ, Mr. MALINOWSKI, Mr. SIRES, 

Mr. CASE, Ms. SHALALA, Mr. VAN DREW, Mr. KIM, Mr. LARSEN of 

Washington, Mr. HASTINGS, Mr. FITZPATRICK, Mr. SEAN PATRICK

MALONEY of New York, Mr. KILMER, Mr. SUOZZI, Mr. ROUZER, Mr. 

KEATING, Mr. SABLAN, Ms. GABBARD, Mr. YOUNG, Miss GONZA ́LEZCOLO ́N of Puerto Rico, Mr. SARBANES, Mrs. FLETCHER, Mr. CICILLINE, 

Mr. CA ́RDENAS, Mrs. LURIA, Ms. PINGREE, Mr. LEVIN of California, and 

Mr. HIMES

NOVEMBER 26, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 5, 2019] 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 3115 RH

A BILL 

To direct the Administrator of the National Oceanic and 

Atmospheric Administration to make grants to State and 

local governments and nongovernmental organizations for 

purposes of carrying out climate-resilient living shoreline 

projects that protect coastal communities by supporting 

ecosystem functions and habitats with the use of natural 

materials and systems, and for other purposes. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 3115 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Living Shorelines Act 

5 of 2019’’. 

6 SEC. 2. LIVING SHORELINE GRANT PROGRAM. 

7 (a) ESTABLISHMENT.—The Administrator shall make 

8 grants to eligible entities for purposes of— 

9 (1) designing and implementing large- and 

10 small-scale, climate-resilient living shoreline projects; 

11 and 

12 (2) applying innovative uses of natural mate13 rials and systems to protect coastal communities, 

14 habitats, and natural system functions. 

15 (b) PROJECT PROPOSALS.—To be eligible to receive a 

16 grant under this section, an eligible entity shall— 

17 (1) submit to the Administrator a proposal for 

18 a living shoreline project, including monitoring, data 

19 collection, and measurable performance criteria with 

20 respect to the project; and 

21 (2) demonstrate to the Administrator that the 

22 entity has any permits or other authorizations from 

23 local, State, and Federal government agencies nec24 essary to carry out the living shoreline project or proVerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115

pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 3115 RH

1 vide evidence demonstrating general support from 

2 such agencies. 

3 (c) PROJECT SELECTION.— 

4 (1) DEVELOPMENT OF CRITERIA.—The Adminis5 trator shall select eligible entities to receive grants 

6 under this section based on criteria developed by the 

7 Administrator, in consultation with relevant offices of 

8 the National Oceanic and Atmospheric Administra9 tion, such as the Office of Habitat Conservation, the 

10 Office for Coastal Management, and the Restoration 

11 Center. 

12 (2) CONSIDERATIONS.—In developing criteria 

13 under paragraph (1) to evaluate a proposed living 

14 shoreline project, the Administrator shall take into ac15 count— 

16 (A) the potential of the project to protect the 

17 community and maintain the viability of the en18 vironment, such as through protection of eco19 system functions, environmental benefits, or 

20 habitat types, in the area where the project is to 

21 be carried out; 

22 (B) the historic and future environmental 

23 conditions of the project site, particularly those 

24 environmental conditions affected by climate 

25 change; 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 3115 RH

1 (C) the ecological benefits of the project; and 

2 (D) the ability of the entity proposing the 

3 project to demonstrate the potential of the project 

4 to protect the coastal community where the 

5 project is to be carried out, including through— 

6 (i) mitigating the effects of erosion; 

7 (ii) attenuating the impact of coastal 

8 storms and storm surge; 

9 (iii) mitigating shoreline flooding; 

10 (iv) mitigating the effects of sea level 

11 rise, accelerated land loss, and extreme 

12 tides; 

13 (v) sustaining, protecting, or restoring 

14 the functions and habitats of coastal eco15 systems; or 

16 (vi) such other forms of coastal protec17 tion as the Administrator considers appro18 priate. 

19 (3) PRIORITY.—In selecting living shoreline 

20 projects to receive grants under this section, the Ad21 ministrator shall give priority consideration to a pro22 posed project to be conducted in an area— 

23 (A) for which the President has declared, 

24 during the 10-year period preceding the submis25 sion of the proposal for the project under subVerDate Sep 11 2014 21:39 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3115.RH H3115

pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 3115 RH

1 section (b), that a major disaster exists pursuant 

2 to section 401 of the Robert T. Stafford Disaster 

3 Relief and Emergency Assistance Act (42 U.S.C. 

4 5170) because of a hurricane, tropical storm, 

5 coastal storm, or flooding; or 

6 (B) that has a documented history of coast7 al erosion or frequent coastal inundation during 

8 that 10-year period. 

9 (4) MINIMUM STANDARDS.— 

10 (A) IN GENERAL.—The Administrator shall 

11 develop minimum standards to be used in select12 ing eligible entities to receive grants under this 

13 section, taking into account— 

14 (i) the considerations described in 

15 paragraph (2); and 

16 (ii) the need for such standards to be 

17 general enough to accommodate concerns re18 lating to specific project sites. 

19 (B) CONSULTATIONS.—In developing stan20 dards under subparagraph (A), the Adminis21 trator— 

22 (i) shall consult with relevant offices of 

23 the National Oceanic and Atmospheric Ad24 ministration, such as the Office of Habitat 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 3115 RH

1 Conservation, the Office for Coastal Man2 agement, and the Restoration Center; and 

3 (ii) may consult with— 

4 (I) relevant interagency councils, 

5 such as the Estuary Habitat Restora6 tion Council; 

7 (II) State coastal management 

8 agencies; and 

9 (III) relevant nongovernmental 

10 organizations. 

11 (d) USE OF FUNDS.—A grant awarded under this sec12 tion to an eligible entity to carry out a living shoreline 

13 project may be used by the eligible entity only— 

14 (1) to carry out the project, including adminis15 tration, design, permitting, entry into negotiated in16 direct cost rate agreements, and construction; and 

17 (2) to monitor, collect, and report data on the 

18 performance (including performance over time) of the 

19 project, in accordance with standards issued by the 

20 Administrator under subsection (f)(2). 

21 (e) COST-SHARING.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), an eligible entity that receives a grant 

24 under this section to carry out a living shoreline 

25 project shall provide, from non-Federal sources, funds 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 3115 RH

1 or other resources (such as land or conservation ease2 ments or in-kind matching from private entities) val3 ued at not less than 50 percent of the total cost, in4 cluding administrative costs, of the project. 

5 (2) REDUCED MATCHING REQUIREMENT FOR

6 CERTAIN COMMUNITIES.—The Administrator may re7 duce or waive the matching requirement under para8 graph (1) for an eligible entity representing a com9 munity or nonprofit organization if— 

10 (A) the eligible entity submits to the Ad11 ministrator in writing— 

12 (i) a request for such a reduction and 

13 the amount of the reduction; and 

14 (ii) a justification for why the entity 

15 cannot meet the matching requirement; and 

16 (B) the Administrator agrees with the jus17 tification. 

18 (f) MONITORING AND REPORTING.— 

19 (1) IN GENERAL.—The Administrator shall re20 quire each eligible entity receiving a grant under this 

21 section (or a representative of the entity) to carry out 

22 a living shoreline project— 

23 (A) to transmit to the Administrator data 

24 collected under the project; 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 3115 RH

1 (B) to monitor the project and to collect 

2 data on— 

3 (i) the ecological benefits of the project 

4 and the protection provided by the project 

5 for the coastal community where the project 

6 is carried out, including through— 

7 (I) mitigating the effects of ero8 sion; 

9 (II) attenuating the impact of 

10 coastal storms and storm surge; 

11 (III) mitigating shoreline flood12 ing; 

13 (IV) mitigating the effects of sea 

14 level rise and extreme tides; 

15 (V) sustaining, protecting, or re16 storing the functions and habitats of 

17 coastal ecosystems; or 

18 (VI) such other forms of coastal 

19 protection as the Administrator con20 siders appropriate; and 

21 (ii) the performance of the project in 

22 providing such protection; 

23 (C) to make data collected under the project 

24 available on a publicly accessible internet 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 3115 RH

1 website of the National Oceanic and Atmospheric 

2 Administration; and 

3 (D) not later than one year after the entity 

4 receives the grant, and annually thereafter until 

5 the completion of the project, to submit to the 

6 Administrator a report on— 

7 (i) the measures described in subpara8 graph (B); and 

9 (ii) the effectiveness of the project in 

10 increasing protection of the coastal commu11 nity where the project is carried out through 

12 living shorelines techniques, including— 

13 (I) a description of— 

14 (aa) the project; 

15 (bb) the activities carried out 

16 under the project; and 

17 (cc) the techniques and mate18 rials used in carrying out the 

19 project; and 

20 (II) data on the performance of 

21 the project in providing protection to 

22 that coastal community. 

23 (2) GUIDELINES.—In developing guidelines re24 lating to paragraph (1)(C), the Administrator shall 

25 consider how additional data could safely be collected 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 3115 RH

1 before and after major disasters or severe weather 

2 events to measure project performance and project re3 covery. 

4 (3) STANDARDS.— 

5 (A) IN GENERAL.—Not later than 90 days 

6 after the date of the enactment of this Act, the 

7 Administrator shall, in consultation with rel8 evant offices of the National Oceanic and Atmos9 pheric Administration, relevant interagency 

10 councils, and relevant nongovernmental organi11 zations, issue standards for the monitoring, col12 lection, and reporting under subsection (d)(2) of 

13 data regarding the performance of living shore14 line projects for which grants are awarded under 

15 this section. 

16 (B) REPORTING.—The standards issued 

17 under subparagraph (A) shall require an eligible 

18 entity receiving a grant under this section to re19 port the data described in that subparagraph to 

20 the Administrator on a regular basis. 

21 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated $50,000,000 to the Adminis23 trator for each of fiscal years 2020 through 2025 for pur24 poses of carrying out this section. 

25 (h) DEFINITIONS.—In this section: 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 3115 RH

1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the National Oce3 anic and Atmospheric Administration. 

4 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means any of the following: 

6 (A) A unit of a State or local government. 

7 (B) An organization described in section 

8 501(c)(3) of the Internal Revenue Code of 1986 

9 that is exempt from taxation under section 

10 501(a) of such Code. 

11 (C) An Indian Tribe (as defined in section 

12 4 of the Indian Self-Determination and Edu13 cation Assistance Act (25 U.S.C. 5304)). 

14 (3) LIVING SHORELINE PROJECT.—The term 

15 ‘‘living shoreline project’’— 

16 (A) means a project that— 

17 (i) restores or stabilizes a shoreline, in18 cluding marshes, wetlands, and other vege19 tated areas that are part of the shoreline 

20 ecosystem, by using natural materials and 

21 systems to create buffers to attenuate the 

22 impact of coastal storms, currents, flooding, 

23 and wave energy and to prevent or mini24 mize shoreline erosion while supporting 

25 coastal ecosystems and habitats; 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•HR 3115 RH

1 (ii) incorporates as many natural ele2 ments as possible, such as native wetlands, 

3 submerged aquatic plants, oyster shells, na4 tive grasses, shrubs, or trees; 

5 (iii) utilizes techniques that incor6 porate ecological and coastal engineering 

7 principles in shoreline stabilization; and 

8 (iv) to the extent possible, maintains or 

9 restores existing natural slopes and connec10 tions between uplands and adjacent wet11 lands or surface waters; 

12 (B) may include the use of— 

13 (i) natural elements, such as sand, wet14 land plants, logs, oysters or other shellfish, 

15 submerged aquatic vegetation, native 

16 grasses, shrubs, trees, or coir fiber logs; 

17 (ii) project elements that provide eco18 logical benefits to coastal ecosystems and 

19 habitats in addition to shoreline protection; 

20 and 

21 (iii) structural materials, such as 

22 stone, concrete, wood, vinyl, oyster domes, 

23 or other approved engineered structures in 

24 combination with natural materials; and 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•HR 3115 RH

1 (C) may include a project that expands 

2 upon or restores natural living shorelines or ex3 isting living shoreline projects. 

4 (4) STATE.—The term ‘‘State’’ means each of the 

5 several States, the District of Columbia, the Common6 wealth of Puerto Rico, the United States Virgin Is7 lands, Guam, American Samoa, and the Common8 wealth of the Northern Mariana Islands. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 257 

116TH CONGRESS 

1ST SESSION H. R. 3115 

[Report No. 116–316] 

A BILL 

To direct the Administrator of the National Oceother purposes. the use of natural materials and systems, and for porting ecosystem functions and habitats with projects that protect coastal communities by sup- rying out climate-resilient living shoreline governmental organizations for purposes of car- grants to State and local governments and non- anic and Atmospheric Administration to make 

NOVEMBER 26, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pamtmann on DSKBC07HB2PROD with BILLS